10 year private life route visa

[farah2020]

Good evening everyone,

I was granted along with my family discretionary leave to remain 10 year route private life Article 8 of the European Convention on Human Rights (ECHR), in July 2012. This time will be my 4th time I am sending extension (FLR). My question is although my family and I will be eligible to apply ILR in july 2022 you can only apply for ILR when the visa has 4 weeks left to expire. My 4th extension is due in april 2021 and every time the extension time has been given for 2.5years. If I am granted 2.5years (30months) BRP card of FLR then this means I will not be able to apply for ILR until 2025 when the visa will end.

Is it true that I cannot apply ILR in july 2022 even though the 10 years are completed because the visa FLR will have another 2 years remaining?
I am very confused because I am going to be applying for extension FLR final one can I request caseworker to grant me less than 2.5 years so it will end around july 2022 or they only give 30months visa if someone request for less time so that it ends near ILR eligibility will they refuse this and send 2.5years visa still?

Any help around this will be much appreciated.

Many thanks,

[Violetsareblue]

Hi there, this is something my son brought up last week. I think you’d have to apply under ilr long residence. I’m guessing the 10 year private life extension till 2025 is due to the processing time after every extensions application you’ve made as I don’t think it Count towards it.
Hopefully @moderators or someone with more experience can reply you

[Violetsareblue]

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

[TODMATT]

Good evening everyone,

I was granted along with my family discretionary leave to remain 10 year route private life Article 8 of the European Convention on Human Rights (ECHR), in July 2012. This time will be my 4th time I am sending extension (FLR). My question is although my family and I will be eligible to apply ILR in july 2022 you can only apply for ILR when the visa has 4 weeks left to expire. My 4th extension is due in april 2021 and every time the extension time has been given for 2.5years. If I am granted 2.5years (30months) BRP card of FLR then this means I will not be able to apply for ILR until 2025 when the visa will end.

Is it true that I cannot apply ILR in july 2022 even though the 10 years are completed because the visa FLR will have another 2 years remaining?
I am very confused because I am going to be applying for extension FLR final one can I request caseworker to grant me less than 2.5 years so it will end around july 2022 or they only give 30months visa if someone request for less time so that it ends near ILR eligibility will they refuse this and send 2.5years visa still?

Any help around this will be much appreciated.

Many thanks,

You can apply for for SET LR as long as you have completed 10 years in the UK from my understanding and it doesn't matter whether you have some leave left or not provided you have had a continuous leave in the UK.

indefinite-leave-to-remain/long-residen ... 08392.html

[kamsi]

Just to help reassure you, you can apply for ILR once you’ve completed 10 years (which will be in July 2022) even if you still have time left on your current visa. In fact you can submit your application 28 days before you’ve completed the 10 years period.

I am in similar situation as you, I was granted in 2013 and I’ll be eligible for ILR in 2023 although when I’ll be applying for that I’ll still have time left on my existing visa.

[Route to ILR]

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.

[Violetsareblue]

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.

Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.

[CR001]

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.

Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.

This only applies IF the person had leave to remain before a refusal etc. If the person was an overstayer or illegally in the UK, the 10 years for ILR LR starts counting from the date the leave was issued!

Please do not give incorrect or misleading advice.

[Violetsareblue]

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.

Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.

This only applies IF the person had leave to remain before a refusal etc. If the person was an overstayer or illegally in the UK, the 10 years for ILR LR starts counting from the date the leave was issued!

Please do not give incorrect or misleading advice.

Hi @CR001
According to the long residence guidance,
https://assets.publishing.service.gov.u ... pdf#page18


‘ This page tells you when temporary admission, temporary release or immigration bail counts as lawful residence for 10 years long residence applications.
Temporary admission or release or immigration bail only qualifies as lawful residence if leave to enter or leave to remain is later granted. For example, if an applicant is granted leave following a period of temporary admission, the time on temporary admission counts as lawful residence’.

I was only interpreting that paragraph. Isn’t that the case? For example an illegal immigrant who makes an application for leave to remain, waiting 2 years for a decision and leave to remain was granted straight after. Wouldn’t the 2 years spent on immigration bail count towards legal residence ?
Kindly elaborate please .

[secret.simon]

Temporary admission or release or immigration bail

All the above are grants of the Home Office, which are granted under certain circumstances.

Filing an appeal in court if you have no pre-existing leave to remain does not legalise the overstay.

The person's legal stay only starts when the person is granted a leave to remain by the Home Office.